' The petitioner is posted as Lecturer in Islamiat in the, Govt. College for Women, Haveli Lakha District, Okara, while her husband is posted at Lahore in the Communication and Works Department on a post which is a non-transferable. She made representations to the competent authority for her transfer to Lahore under the Wedlock Policy of the Punjab Government on 18-5- 1998, 29-8-2000, 27-9-2000 and 7-10-2000. Thereafter, she approached this Court in Writ Petition No,7686 of 2001 which was disposed of vide order, dated 13-7-2001 and the Secretary Education, Government of the Punjab was directed to attend to the pending representations of the petitioner and decide the same one way or the other in accordance with law within a period of one month.
2. The learned counsel for the petitioner complains that the aforesaid direction of this Court has not been complied with so far. He further submits that on 6-3-2003 and 22-5-2003 she again filed representations before the Secretary Education, respondent No,1, but even the said representations have not evoked any response although vacancies are available in the Government College, Women, Datanagar, Lahore and Government Islamia College for Women, Cooper Road, Lahore. He presses this writ petition only to the extent of a direction to the Secretary Education for deciding her pending representations so that she may have a remedy before the proper forum.
3. It may be observed that the Wedlock Policy of the Punjab Government is intended to ensure to the benefit of a family, it advances social good and unless there are insurmountable hurdles, requests of the husband and wife to be posted at one station are required to be considered with an element of compassion and kindness. It is a matter of regret that almost a period of five years has elapsed but the representations of the petitioner have not even been considered and decided.
4.. Reference may also be made to Article 35 of the Constitution which enjoins a duty upon the State to protect the Marriage, the Family, the Mother and the Child while Article 38 directs the State to secure the well-being of the people. Although the Principles of Policy, as such, are not enforceable yet while taking an administrative decision the aforesaid principles of policy have to be kept in view.
5. I will also like to observe here that a split family, on account of their personal problems, may not be able to fully devote their attention to the duties assigned to them. The required level of efficiency and commitment to job could hardly be expected from a dissatisfied and disgruntled civil servant. Even the educated females are confronted with multiple socio-economic problems in the male dominated society and, therefore, a female civil servant should not be pushed to the point where she may have to barter away her job to save herself and her family. Therefore, the Wedlock Policy of the Government of the Punjab, which is a beneficial dispensation, has to be enforced in all earnest so' that it is not relegated to a perfunctory ritual only to adorn the rule books.
6. By not complying with the direction, dated 13-7-2001 of this Court, the concerned Secretary Education has rendered himself guilty of contempt of this Court. I was minded to initiate action against him but the learned Assistant Advocate-General requested that he may be allowed another opportunity to comply with the aforesaid order, dated 13-7-2001.
7. Accordingly, the writ petition is disposed of with a direction to the Secretary, Govt. Of the Punjab, Higher Education Department, to attend to the pending representations of the petitioner and pass an appropriate order in accordance with law within a period of one month under intimation to the Deputy Registrar (Judicial) of this Court.
8. A copy of this order shall also be sent to the Chief Secretary for such action as he may deem necessary for implementation of the "Wedlock Policy" in relation to transfer and postings of the civil servants. The Chief Secretary will report action taken by him to the Deputy Registrar (Judicial) of this Court within one month.